Bare Acts Live

Gujarat University of Transplantation Sciences Act, 2015

(Gujarat Act No. 9 of 2015)

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Chapter I

Preliminary

(1) "Academic Council" means the Academic Council of the University constituted under section 24;

(2) "Academic Service Unit" means a University science and instrumentation centre, animal houses, animal experimental labs, cadaver labs, academic staff college, computer centre, University printing press or any other unit providing specialized services for the promotion of any of the objectives of the University;

(3) "approved institution" means hospital, health centre, college or such other institution recognized by the University as such in which a person may undergo training, if any, required by a course of study before any degree, diploma or other academic distinction of the University is conferred;

(4) "Board of Governors" means a Board of Governors constituted under section 20;

(5) "Dean" means a Dean nominated by the Vice-Chancellor with the approval of the Board of Governors under section 15;

(6) "Department" means a department designated as such teaching a particular subject or a group of subjects or a unit set up for the purpose of imparting instruction for courses of study in transplantation and allied sciences in the University;

(7) "Executive Council" means the Executive Council of the University constituted under section 22;

(8) "Finance Committee" means the Finance Committee of the University constituted under section 26;

(9) "Field Unit" means a unit established outside the University area for validating and disseminating the benefits of new techniques and practices developed by the University;

(10) "Government" means the Government of Gujarat;

(11) "Governing Body" means the Governing Body of the Institute;

(12) "Hostel" means units of residence for the students of the University maintained or recognized by the University;

(13) "Institute" means Smt. Gulabben Rasiklal Doshi and Smt. Kamlaben Mafatlal Mehta Institute of Kidney Diseases & Research Centre - Dr. H.L. Trivedi Institute of Transplantation Sciences (IKDRC-ITS), registered under the Societies Registration Act, 1860, (21 of 1860);

(14) "prescribed" means prescribed by the Regulations made under section 38;

(15) "Pro-Chancellor" means the Pro-Chancellor of the University appointed under section 10;

(16) "Recognized institution" means an institution of higher learning, research or specialized studies recognized as such by the University;

(17) "Registrar" means the Registrar of the University appointed under section 16;

(18) "Regulations" means Regulations of the University made under section 38;

(19) "Research Laboratories" means the place where research in the field of Cell, Tissue and Solid Organ Transplantation, Bioengineering, Bio-chemistry, Tissue-typing, Micro-arrays, Genetics and Translational Research in Humans, Animals, Micro-organisms and Viruses, Xeno-Transplantation and such other fields is carried out;

(20) "student" means a person enrolled in the University for undergoing a course of a study for a degree, diploma, titles or other academic distinctions of the University;

(21) "Teacher" includes a Dean, Professor, Associate Professor, Assistant Professor and such other person(s) imparting instruction in a constituent college or approved institution and also includes Adjunct Professor;

(22) "Transplantation" means the grafting of any living cell, tissue, part of organ or whole organ from any living or deceased organism, tissue engineered or genetically engineered structure from any organism into living being for therapeutic or research purposes;

(23) "University" means the "Gujarat University of Transplantation Sciences" established and incorporated under section 3.

Chapter II

University

(i) to provide for efficient and responsive administration, scientific management and develop organization of teaching and research;

(ii) to create a centre of excellence for providing educational and research facilities of high order in the field of transplantation and allied sciences in the existing super-specialties and such other super-specialties as may develop in future, including cell and tissue transplantation, solid organ transplantation, composite tissue transplantation, xeno transplantation, cell, tissue and bioengineering, genetics and translational research in humans, animals, micro-organisms and viruses;

(iii) to attain the highest standards of academic excellence by providing the necessary physical infrastructure and creating an intellectual environment conducive to free flow of ideas and meaningful exchange of information;

(iv) to provide for the courses and training in paramedical and allied fields, particularly in relation to transplantation and allied sciences;

(v) to bring about qualitative improvement in teaching and learning process;

(vi) to inculcate the practice of creating instructional experiences which make the acquisition of knowledge and skill more efficient and effective;

(vii) to facilitate and promote studies leading to award of degrees, diplomas and certificates and other academic distinctions;

(viii) to help foster bond between research and academic institutions for better planning, management, execution, maintenance and standards of transplantation;

(ix) to develop as National Referral Centre in the field of cell, tissue and organ transplantation;

(x) to do such other acts and activities as may be necessary in furtherance of the objects of the University.

(i) to formulate and implement syllabi and curricula for various academic courses of the University;

(ii) to establish, maintain and manage University Departments, laboratories, research laboratories, libraries, museums and equipments for teaching and research, and institutions of research and specialized studies or academic service units;

(iii) to organize, maintain and manage centres, hostels, halls of residence, University auditoria, gymnasiums, residential accommodations for advanced/research students and staff of the University;

(iv) to provide for dissemination of the findings of research, technology and technical information through extension educational programmes;

(v) to hold examinations and to confer degrees, diplomas and other academic distinctions, including honorary degrees or other distinctions conferred or granted by the University in the manner and under conditions as may be prescribed by the regulations;

(vi) to collaborate and co-operate with other Universities in such manner and for such purposes as the University may determine, including Foreign Universities, institutions, authorities or organizations or agencies for research, collaborative programmes, advisory services subject to the prior approval of the State Government and subject to the rules and regulations of the Central Government and the State Government in that behalf;

(vii) to create post for teaching, research, extension education, administrative, ministerial and other purposes, and to make appointment , and to prescribe the qualifications in accordance with the guidelines thereto of the University Grants Commission, or concerned professional regulatory bodies;

(viii) to institute and award fellowship, scholarships, stipends, medals, prizes and other awards, to hold and manage trusts and endowments for teachers and students of the University;

(ix) to fix, demand, receive and recover such fees and other charges, as may be prescribed by the regulations;

(x) to lay down and regulate the scale of salaries and allowances and other conditions of service of members of the teaching, other academic, administrative and support staff of the University. The scales of salaries and allowances shall be implemented with the approval of the State Government;

(xi) to establish, conduct and promote centres, such as,-

(i) Centre of Research,

(ii) Centre of Education,

(iii) Centre of Training,

(iv) Centre of Extension Activities and to provide for facilities even to the remote areas of the State, etc.;

(xii) to appoint or recognize persons working in any other University or organization as Adjunct Professor, Adjunct Associate Professor, Adjunct Assistant Professor, and to invite Professor Emeritus, Visiting Professors of the University for specified periods, and to facilitate mobility of academic members within the University and to other universities;

(xiii) to prescribe for conduct and discipline rules for teaching, administrative and support staff and to ensure the enforcement thereof;

(xiv) to establish, maintain and manage whenever necessary, -

(i) a printing and publication department;

(ii) University Extension Board;

(iii) Information Bureaus;

(xv) to accept, hold and manage any endowments, donations or funds which may become vested in it for the purposes of the University by grant, testamentary disposition or otherwise, and to invest such endowments, donations or funds in accordance with the provisions of this Act:

(xvi) to lay down for teachers, service conditions including code of conduct, workload, norms of performance appraisal, and such other instructions or directions as, in the opinion of the University, may be necessary in academic matter;

(xvii) to institute and award degrees, diploma certificates and other academic distinctions for persons who shall have pursued approved courses of study in a University college unless exempted therefrom in the manner prescribed and shall have passed the prescribed examinations of the University or shall have carried on research satisfactorily under conditions as may be prescribed;

(xviii) to develop, upgrade and start department in transplantation and allied specialties as may be required and to provide instruction for such courses of study as it may determine;

(xix) to prescribe conditions under which the award of degree, title, diploma and other academic distinctions may be withheld;

(xx) to institute, maintain and administer University colleges, hospitals and laboratories and institutes of research, library or other institutions necessary to carry out the objects of the University;

(xxi) to establish, maintain and administer hostel blocks, to recognize hostels not managed by the University and to suspend or withdraw such recognition therefrom;

(xxii) to borrow money with or without security for such purpose, as may be approved by the State Government from the Central Government, the University Grants Commission or other incorporated bodies subject to the provisions of this Act;

(xxiii) to undertake publication of works of merit and research pertaining to Transplantation and allied Sciences;

(xxiv) to comply with and carry out any directives issued by the State Government from time to time, with reference to above powers, duties and responsibilities of the University; and

(xxv) to do all such other acts and things as the University may consider necessary, conducive or incidental to the attainment or promotion of the objects of the University.

Chapter III

Officers of University

(i) the Pro-Chancellor;

(ii) the Vice-Chancellor;

(iii) the Deans;

(iv) the Registrar;

(v) the Finance and Accounts Officer;

(vi) the Controller of Examinations; and

(vii) such other persons as may be declared by the regulations to be the officers of the University.

(i) exercise general supervision and control over the day to day affairs of the University;

(ii) preside over at the meetings of the Executive Council, Academic Council and the Finance Committee;

(iii) ensure implementation of the decisions of the authorities of the University;

(iv) ensure that the provisions of this Act and the regulations are properly followed;

(v) be responsible for imparting of instruction and maintenance of discipline in the University; and

(vi) exercise such other powers and perform such other duties as may be assigned to him by or under this Act or the regulations or as may be delegated to him by the Board of Governors or by the Pro-Chancellor.

Chapter IV

Authorities of University

(i) the Board of Governors;

(ii) the Executive Council;

(iii) the Academic Council;

(iv) the Finance Committee; and

(v) such other authorities as may be declared by the regulations to be the authorities of the University.

(i) the Pro-Chancellor;

(ii) the Vice-Chancellor;

(iii) Secretary to the Government of Gujarat, Health and Family Welfare Department, ex-officio or his representative not below the rank of Deputy Secretary;

(iv) Secretary to the Government of Gujarat, Finance Department, ex-officio or his representative not below the rank of Deputy Secretary;

(v) Commissioner, Health, Medical Education and Medical Services, Gujarat State, ex-officio or his representative not below the rank of Joint Director;

(vi) Four members, to be nominated by the State Government, from the Governing Body of the Institute, other than ex officio members, out of which two members shall be academicians in the field of transplantation.

(ii) A nominated member shall not be eligible for re-nomination for more than two terms.

(iii) A nominated member may resign from his office by writing under his hand addressed to the Pro-Chancellor and his resignation shall take effect from the date of acceptance of such resignation.

(iv) The members of the Board shall be entitled to such allowances as may be prescribed by the regulations.

(i) to hold and to control the property and funds of the University and issue any general or special instructions;

(ii) to accept the transfer and to dispose of any movable or immovable property on behalf of the University;

(iii) to lay down policies to be pursued by the University;

(iv) to review decisions of other authorities of the University, if they are not in conformity with the provisions of this Act or the regulations;

(v) to approve the budget and annual report of the University with or without modification;

(vi) to create and maintain University regional centres, research centres, animal stations and institutions;

(vii) to approve contract of employment or amend or repeal the earlier contract of employment with or without modification;

(viii) to delegate any power to the Vice-Chancellor, the Registrar or any committee or sub-committee or to any one or more officers of the University;

(ix) if urgent action by the Board of Governors becomes necessary, the Pro-Chancellor may permit the business to be transacted by circulation of papers to the members of the Board of Governors; The action proposed to be taken shall not be so taken unless agreed to, by the majority of the members of the Board of Governors. The action so taken shall be forthwith intimated to all members of the Board of Governors and the papers shall be placed before the next meeting of the Board of Governors for confirmation;

(x) to determine the form of a common seal for the University and provide for its custody and use;

(xi) to receive and consider report of the working of the University from the Vice-Chancellor periodically as provided by the Regulations;

(xii) to exercise such other powers and perform such other functions as may be conferred or imposed on it by or under this Act.

(i) the Vice-Chancellor, who shall be the Chairman,

(ii) Secretary to the Government of Gujarat, Health and Family Welfare Department, ex-officio or his representative not below the rank of Deputy Secretary;

(iii) Commissioner, Health, Medical Education and Research, Gujarat State, ex-officio or his representative not below the rank of Joint Director;

(iv) Two members of the Board of Governors to be nominated by it; and

(v) Two eminent persons in the field of transplantation sciences, to be nominated by the Board of Governors.

(i) to remove any officer from office on grounds of wilful omission or incapacity, misconduct or refusal to carry out the provisions of this Act or violation of regulatory provisions or for abuse of the powers vested in him;

(ii) to approve proposals for submission to the Government or national or inter-national agencies or regulatory bodies;

(iii) to appoint such committees, whether standing or temporary, as it may deem necessary for proper functioning of the University;

(iv) to enter into, vary, carry out and cancel contracts on behalf of the University;

(v) to accept on behalf of the University, bequests, donations of any movable or immovable property;

(vi) to borrow, lend or invest funds on behalf of the University on recommendation by the Finance Committee;

(vii) to lay down policy for administering funds at the disposal of the University for specific purposes;

(viii) to provide buildings, premises, furniture, apparatus and other means needed for the conduct of the affairs of the University;

(ix) to create post of academic, administrative and supportive staff on the recommendation of the Academic Council as and when required;

(x) to lay down by Regulations, on the basis of qualifications and terms and conditions of service and other guidelines approved by the State Government, from time to time, the procedure for appointment of teachers and non-vacation academic staff and fix their emoluments and norms of workload and conduct and discipline;

(xi) to create post of officers and other employees of the University, subject to prior approval of the State Government;

(xii) to prescribe fees and other charges;

(xiii) to make regulations;

(xiv) to prescribe honoraria, remunerations and fees and travelling and other allowances for paper setters, examiner and other staff involved for conduct of examination, visiting faculty and for such other services rendered to the University; and

(xv) to exercise such other powers and perform such other functions as may be conferred or imposed on it by or under this Act.

(i) the Vice Chancellor, who shall be the Chairman;

(ii) Deans;

(iii) three Professors of the University by rotation, to be nominated by the Vice-Chancellor;

(iv) two persons who are eminent academicians in the field of research in transplantation sciences to be nominated by the Vice-Chancellor.

(i) to approve proposal for conferment of an honorary degree or distinction;

(ii) to institute and confer such degrees, diplomas, certificates and other academic distinctions and arrange for convocation for conferment of the same, as provided by Regulations;

(iii) to institute fellowship, travelling fellowships, scholarship, studentships, exhibitions, awards, medals and prizes and prescribe rules therefore in accordance with the Regulations made in this behalf and prizes and prescribe rules therefore in accordance with the regulations;

(iv) to collaborate with other Universities, institutions and organisations for mutually beneficial academic programmes in accordance with the regulations.

(i) the Vice-Chancellor, who shall be the Chairman;

(ii) the Secretary to the Government of Gujarat, Finance Department, ex-officio or his representative not below the rank of the Deputy Secretary, Finance department;

(iii) one member of the Board of Governors, to be nominated by the Board of Governors;

(iv) one expert in the field of finance, to be nominated by the Board of Governors;

(i) to examine the annual accounts and annual budget estimates of the University and to advise the Board thereon;

(ii) to review from time to time the financial position of the University;

(iii) to make recommendations to the Board of Governors on all financial policy matters of the University;

(iv) to make recommendations to the Board of Governors on all proposals involving raising of funds, receipts and expenditure;

(v) to provide guidelines for investment of surplus funds;

(vi) to make recommendations to the Board of Governors on proposals involving expenditure for which no provision has been made in the budget or for which expenditure in excess of the amount provided in the budget needs to be incurred;

(vii) to examine proposals relating to the revision of pay scales, up-gradation of the scales and those items which are not included in the budget, prior to placing before the Board of Governors;

(viii) to open accounts in any scheduled bank, operate such accounts, to give instructions to the bank and to provide for the opening and operation of such accounts;

(ix) to operate Endowment Fund, General Fund and Development Fund;

(x) to approve the expenditure of the University to the extent and manner as may be prescribed; and

(xi) to exercise such other powers and perform such other functions as may be conferred or imposed upon it by the regulations.

Chapter V

University Fund

(i) any contributions or grants or loans by the State Government and the Central Government;

(ii) any income of the University from all sources including income from fees and other charges;

(iii) all moneys received by the University by way of grants, loans, gifts, donations, benefactions, bequests, transfers or endowments and other grants, if any;

(iv) all moneys received by the University from the collaborating industry in terms of the provisions of the Memorandum of Understanding entered between the University and the industry, for establishment of sponsored chairs, fellowships or infrastructure facilities of the University; and

(v) the moneys received by the University in any other manner or from any other sources.

Chapter VI

Finance, Accounts and Annual Report

Chapter VII

Miscellaneous

(i) the summoning and holding of meetings of the authorities of the University, other than the first meeting of the Board of Governors, and the quorum and conduct of business at such meeting;

(ii) the other powers and functions to be exercised and discharged by the Pro-Chancellor, Vice-Chancellor, Deans, Registrar, Finance and Accounts Officer and other Officers of the University;

(iii) the constitution, powers and duties of the authorities, bodies and other committees of the University, the qualifications and disqualifications for membership of such authorities, term of office of the membership, appointment and removal of members thereof and other matters connected therewith;

(iv) the other powers and functions to be exercised and discharged by the Executive Council, Academic Council, Finance Committee and other authorities which may be constituted;

(v) to approve the expenditure of the University to the extent and in the manner by the Finance Committee;

(vi) procedure to be followed by the Board of Governors and any Committee or other body constituted by or under this Act in the conduct of the business, exercise of the powers and discharge of the functions;

(vii) procedures and criteria to be followed in establishing courses of study and admission of students;

(viii) procedure to be followed for enforcing discipline in the University;

(ix) management of the properties of the University;

(x) degrees, diplomas, certificates and other academic distinctions or titles which may be conferred or granted by the University and withdrawal or cancellation of any such degrees, diplomas, certificates and other academic distinctions or titles and the requirements thereof; and to confer honorary degrees or other distinctions in the prescribed manner;

(xi) the conduct of examinations including the term of office and appointment of examiners;

(xii) the creation of posts of Directors, Professors, Associate Professors, Assistant Professors, Deans, Readers, Lecturers or equivalent academic and administrative designations or posts, officers and employees of the University, and the appointment of persons to such posts including the qualifications requisite therefore;

(xiii) the fees and other charges to be paid to the University for the courses, training, facilities and services provided by it;

(xiv) the manner and conditions for constitution of insurance, pension and provident funds and such other schemes for the benefits of officers, teachers and other employees of the University;

(xv) the terms and conditions for association of the University with other institutions;

(xvi) the preparation of budget estimates and maintenance of accounts;

(vii) the mode of execution of contracts or agreements by or on behalf of the University;

(xviii) the classification and procedure for appointment of officers, employees and other staff of the University;

(xix) the terms, conditions and tenure of appointments, salaries and allowances, contractual services, rules of discipline and other conditions of service of the Vice Chancellor, officers, teachers and other employees of the University;

(xx) the terms and conditions governing deputation of officers, teachers and other employees of the University;

(xxi) the powers and duties of the Vice-Chancellor, Directors, Professors, Associate Professors, Assistant Professors, Deans, Readers, Lecturers and other officers, teachers and employees of the University;

(xxii) the terms and conditions governing fellowships, scholarships, stipends, medals and prizes;

(xxiii) the authentication of the orders and the decisions of the Board of Governors;

(xxiv) the matters relating to hostels and housing for faculties, officers and employees and guest house including disciplinary control therein; and

(xxv) all matters which, by this Act, are to be or may be prescribed.

Chapter VIII

Transitory Provisions

(i) the person holding the post of the Director of IKDRC-ITS, Ahmedabad, immediately before the commencement of this Act, shall be the first Pro-Chancellor of the University for a period of five years;

(ii) the person holding the post of the Deputy Director of IKDRC-ITS, Ahmedabad, immediately before the commencement of this Act, shall be the first Vice-Chancellor of the University for a period of five years.

(iii) the person holding the post of the Officer on Special Duty of the IKDRC-ITS, Ahmedabad, immediately before the commencement of this Act, shall be the first Registrar of the University for a period of two years;

(iv) other officials and Faculties of the IKDRC-ITS, Ahmedabad, functioning immediately before the commencement of this Act, shall be deemed to be the officials and Faculties of the University and shall function as such until the appointments are made against the respective posts;

(v) the existing officers and employees of the IKDRC-ITS, Ahmedabad shall be deemed to be the officers and employees of the University subject to fulfillment of eligibility criteria and approval of the Executive Council.